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1. The Defendant: (a) KRW 60,153,920; (b) KRW 41,435,946; and (c) KRW 5,00,000 for Plaintiff D; and (c) each of the above costs.
Reasons
Facts of recognition
A. On December 22, 2016, E (FFs; hereinafter referred to as “the deceased”) driven a low-speed vehicle at around 07:10 on the 07:10 on December 22, 2016, and opened a locked bridge (hereinafter referred to as “the Sewol ferry in this case”) located in the upper west-gu Gyeongnam Village in Yangsan-si, Yangsan-si (hereinafter referred to as “the Sewol ferry in this case”) and went back to the outside of the Sewol ferry in Korea.
(hereinafter “instant accident”). (b)
On December 31, 2016, the Deceased was found from the floor of the river that was less than 250 meters away from the Sewol ferry of this case as of December 31, 2016.
C. Plaintiff A is the deceased’s spouse, and Plaintiff B and C are the deceased’s children, and Plaintiff D is the mother of the deceased.
The defendant is a local government that manages the Sewol ferry of this case.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
A. "Defect in the construction or management of a public structure" in Article 5 (1) of the State Compensation Act refers to a state in which the public structure has failed to have safety ordinarily required for its use. Thus, it cannot be deemed that there is a defect in the construction or management of a public structure merely because the public structure has a defect in its function without being completely in a state. As above, the determination of safety must be based on whether the construction manager fulfilled the duty to take protective measures to the extent generally required in proportion to the danger of the public structure, by comprehensively taking into account all circumstances, such as the use of the public structure in question, the current status of the site and the current status of the use thereof.
(See Supreme Court Decision 2005Da65678 Decided September 21, 2007, etc.). B.
Judgment
1) Each description and video (including those with serial numbers; hereinafter the same shall apply) of the saves Nos. 5 through 16, 20 through 31, Eul No. 2, 6 through 9, and 16.
In full view of the fact-finding results of the fact-finding conducted by the Busan Regional Meteorological Administration, ① the Sewol ferry of this case 3 meters wide from the river of the local government.